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(영문) 대구지방법원안동지원 2017.08.23 2015가단22205

소유권말소등기

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 3:

1) Status of the Parties: deceased on March 15, 2015 (hereinafter referred to as “the deceased”).

On October 27, 1986, the deceased et al., married with D and divorced on October 23, 1991, but was divorced on October 23, 1991. (2) The deceased et al., who was admitted to E hospital on February 10, 2015, was hospitalized upon the four-year diagnosis of pulmonary cancer, and died on March 15, 2015.

B. On March 6, 2015, the registration of transfer of ownership (hereinafter “the registration of transfer of ownership”) was completed on March 4, 2015 on the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the deceased, based on the sale on March 4, 2015 (hereinafter “the instant sales contract”).

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion did not have concluded the instant sales contract with the Defendant, and there was no fact that the registration of ownership transfer was completed.

In addition, the deceased was in the state of office capacity at the time of the instant sales contract, and thus the instant sales contract is null and void.

Therefore, the Plaintiff, the inheritor of the deceased, is an act of preserving the jointly owned property, and seek cancellation of the ownership transfer registration of this case, which is null and void.

B. 1) In a case where a registration of ownership transfer has been completed with respect to real estate in the relevant legal doctrine, the registrant is presumed to have acquired ownership from the previous owner as well as from the third party, and thus, the grounds for its invalidation should be asserted and proved in the dispute. The real estate registration is valid even if the current state of real rights is publicly announced without reflecting the process or form that led to the public (see, e.g., Supreme Court Decision 92Da46059, May 11, 1993).